Oviedo Family Law Modification Attorney
Change is the only constant in the universe. For Seminole County families, this change could be emotional, financial, or both. Relocations are a good example. Many people move to be closer to a new job, and a new job usually brings financial advances or reverses. When this change alters the basic assumptions of a divorce or other family law order, do not rely on informal sidea agreements which are unenforceable in court.
Instead, work with the Oviedo family law modification attorneys at the Troum Law Firm. Because of our diligence and experience, we can usually resolve these matters out of court. Our veteran negotiators know when to compromise in order to get a deal done, and when to stand firm to uphold your legal and financial rights. The result is a solution that makes sense for your changing family.
Custody/Visitation Changes
In both original proceedings and subsequent modifications, the custody and visitation provisions must be in the best interests of the children. Most good parents agree on this broad principle. But they often disagree on the specifics. Therefore, Florida law sets forth a number of factors which flesh out the best interests of the children. These factors include:
- Children’s preference,
- Parents’ preference,
- Age of the children,
- Children’s relationships with step-siblings and step-parents,
- Special needs of the children, if any, and
- Consistency for the children.
That last bullet point is frequently the most important one. If the current situation is working, even if it is not perfect, most Seminole County judges would much rather leave well enough alone. So, many modifications do not change the existing situation. They simply formalize what is already happening.
Florida’s co-parenting law provides overall direction in this area. Many parents work with over-aggressive bulldog family law attorneys who contest every inch of legal ground. These attorneys do a disservice to their clients. Many judges assume that parents who are intransigent during court supervision periods will be even more stubborn when this supervision ends. Generally, parents who absolutely refuse to compromise make very poor co-parents.
Alimony/Child Support Modifications
Florida’s alimony determination laws are rather subjective. So, the modification provisions are subjective as well. Generally, either emotional or financial changes could trigger spousal support modification.
The emotional changes almost always involve the obligee’s remarriage. Remarriage terminates alimony payments as a matter of law. In some cases, the obligee’s romantic relationship could trigger similar changes. Some factors to consider include the length of the relationship and the extent of financial commingling, such as joint purchases and shared expenses.
Since child support determinations are objective, modification is usually objective as well. Income changes could support an increase or decrease as long as the change is permanent, not anticipated at the time the prior order was entered, and occurred in good faith. People cannot quit their jobs to reduce their family support obligations.
The guidelines are not always dispositive. Judges can deviate from them if the facts warrant such action.
Reach Out to a Diligent Oviedo Family Law Modification Lawyer
When circumstances change, you need to legally modify your paperwork. For a consultation with an experienced family law attorney in Oviedo, contact The Troum Law Firm, P.A. We routinely handle matters in Seminole County and nearby jurisdictions.
